Woman who sold oxycodone gets 1 year, 1 day in prison

PORTLAND, Maine — A woman who sold the oxycodone she obtained by prescription was sentenced Friday in U.S. District Court to a year and a day in federal prison for health care fraud.

U.S. District Judge George Singal also sentenced Cheryl “Shorty” Gallant, 33, of Portland to three years of supervised release after she completes her prison term.

In addition to prison time, the judge ordered Gallant to pay $427.88 in restitution to MaineCare to reimburse the agency what it paid for the drug.

Between August and December 2009 Gallant received 19 prescriptions for 30-milligram oxycodone pills, according to court documents. Gallant then sold the pills for $20, $25 and $30 each to other people.

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Court documents do not state how many pills Gallant received with each prescription.

Although Gallant admitted she struggled with addiction for years, it was exacerbated by severe injuries suffered in 2009 when she fell from a third-story window, according to court documents. She broke both ankles, her right knee and her back. The injuries required that “hardware” be installed in her back and knees, according to court documents. Her most recent surgery was in September for an infection in her back.

Gallant was arrested in August and released in September to the custody of her mother on $5,000 unsecured bail. She was rearrested a month later for failing to abide by the conditions of her release. Gallant had been held without bail since Oct. 12.

She pleaded guilty to one count of health care fraud on Oct. 31.

Gallant faced up to 10 years in prison and a fine of up to $250,000. Under the prevailing federal sentencing guidelines, the recommended sentence was 15-21 months, according to the U.S. Attorney’s Office in Portland.

In a sentencing memorandum filed earlier this week, Gallant’s attorney, Roger F. Brunelle Jr. of Portland, urged Singal to go outside the guidelines, which are advisory, and impose a sentence of probation.

Because her sentence is longer than 12 months, Gallant will be able to earn good time. The time she has been held without bail will be credited to her sentence.